nothin New Haven Independent | Raising Shoreline Houses Just Got Easier

Raising Shoreline Houses Just Got Easier

Mary Johnson Photo

Branford adopted new zoning regulations last night that will make it easier for shoreline residents to meet federal guidelines to elevate their homes above flood levels. The action followed the damage to shoreline homes in the aftermath of Storms Irene and Sandy.

The Planning and Zoning Commission unanimously approved numerous changes to the zoning and subdivision regulations following a public hearing last night. There was no opposition to the revisions, but one resident asked why there were no provisions about the type of stores allowed in the Town Center, in light of public concern about a gun shop slated to open on Main Street about a block away from the town Green. The town planner explained that the proposed revisions were written before the issue emerged, and said it is something that may be discussed in the future.

The commission also unanimously approved site plans for a new house at 29 Sunset Beach Road that has been opposed by neighbors of the Sunset Manor Association.

USER-FRIENDLY ZONING REGS

Town Planner Shirley Rasmussen said most changes to the zoning regulations were minor except for the one affecting shoreline homes. It will now be easier for homeowners to raise or modify their homes to meet Federal Emergency Management Act (FEMA) and state flood zone requirements.

Rasmussen told the Eagle the new regulation will not apply to Short Beach and Pine Orchard since those neighborhoods have their own zoning boards.

I think it’s one of the more important changes we made,” Rasmussen said. It’s totally new and the timing was right.”

She said the changes are a result of real life experience“ from the damage to shoreline homes during storms Irene and Sandy. 

We’re hoping this will encourage people to elevate above the flood level,” Rasmussen said.

Rasmussen said many of the homes along the shoreline are nonconforming” because they were built years ago as summer cottages and do not comply with current zoning standards. The new regulations allow owners of nonconforming” homes to raise or modify their homes to meet FEMA regulations without getting variances from the Zoning Board of Appeals.

She said the process of applying for variances is time-consuming and expensive and that it slowed the ability of people to repair and renovate their storm-damaged homes. However, the renovated home cannot exceed the maximum height restrictions in the district, which is typically 35 feet. 

Town Engineer Janice Plaziak, who also serves as the flood plain manager, said many homes were damaged in both storms. She said the new regulations will make it easier for homeowners to comply with FEMA regulations to mitigate future storm damage. I think it’s going to be beneficial in the long run. We never thought we’d have one storm, let alone two.”

Plaziak said some houses can be physically lifted on pillars to rise above the flood level, but others can’t. She said in those cases, another story could be added to the home, and the original first floor would not be used for living space. She said most homeowners should be able to modify their homes and stay within the height restrictions. Otherwise, they would have to apply for a variance. 

We’re trying to make it as easy as possible and still be respectful of neighborhoods,” Plaziak said.

Homeowners whose houses are not nonconforming” already have the ability to modify them without getting a variance. All homeowners will still be required to get a building permit before beginning any work. Applicants for nonconforming homes must also submit an affidavit from an engineer stating that the proposed alterations do not exceed what is necessary to comply with FEMA regulations.

Architect Richard Wies of Branford commended the commission on the flood zone changes. This regulation will streamline the process…and abate the strife,” he said.

Consultant Glen Chalder of Planimetrics said most of the changes to the zoning regulations were housekeeping issues” for clarification purposes. However, he said the subdivision changes were a complete overhaul.

It’s a major reorganization … to make them more user friendly,” Chalder said, noting it would bring the subdivision laws into the 21st century.”

Rasmussen thanked the staff, the commission and the consulting firm for their work over the past four years to revise the subdivision regulations. She said it was something she has wanted to do since she began her tenure in Branford 26 years ago.

Diana Stricker Photo

Commission chairman Ellsworth McGuigan (pictured with Rasmussen) said the new subdivision format will make the process easier for applicants. It think it’s going to be groundbreaking,” he said in regard to the new regulations.

A complete listing of the new zoning and subdivision regulations can be found on the town website.

WHAT’S APPROPRIATE?

Resident Laura Gunneson told the commission she didn’t have a question about the proposed zoning changes, but she wanted to know why the commission isn’t addressing the issue of which businesses are appropriate for the Town Center.

She said many residents think it’s inappropriate for a gun shop to open at 1156 Main St. in the building formerly occupied by the Arabella clothing store. It’s near two schools. It’s where kids can walk by,” Gunneson said.

There are certain businesses that just don’t belong on the Green,” she told the commission. There are places where businesses are appropriate and where they are not.”

Gunneson said the commission should look at regulations for the Town Center. Please take a closer look at what businesses are appropriate on the Green and what are not,” she asked. 

Town Planner Rasmussen said many people have contacted the zoning office about the gun shop. We’ve gotten a lot of phone calls on it,” she said, adding that the concern is understandable in light of the tragedy in Newtown.

We certainly understand your concern,” Rasmussen told Gunneson. However, she said the issue came up after the proposed regulations were already written. The commission hasn’t had time to consider that matter,” she said in regard to any new regulations regarding the Town Center. She said that is something that may be discussed in the future. 

When a retail business changes hands, the owners are not required to seek approval from the Planning and Zoning Commission, unless there are significant changes to the building.

The business, originally to be named The Gun Stock, is owned by Michael Higgins and Brian Owens. Higgins is the husband of Arabella Bartner Higgins, who owned the upscale Arabella store with her sister, Jennifer Bartner Indeck. The building is owned by their father, Robert G. Bartner.

During a separate interview with the Eagle, First Selectman Anthony Unk” DaRos said Town Hall has received dozens of calls and e‑mails about the proposed gun shop. DaRos said he understands residents’ concerns, but he tells them the store is a legitimate business” and the owners have followed all the legal processes to open the shop.

DaRos advised people that if they want to express their concerns they should go after the gun industry. If you are a responsible gun owner of if you are not a gun owner, demand responsible gun laws.”

Michael Higgins, contacted by the Eagle this morning, said he believes there are many misconceptions about the shop. Tying us into Newtown in any way, shape or form isn’t fair,” he said.

Higgins said they have listened to people’s concerns, and are changing the name of the shop to TGS Outdoors out of sensitivity to people’s concerns” and to more appropriately reflect the focus of the business as a sportsman’s shop.

SUNSET BEACH

The commission voted 5 – 0 to approve site plans submitted by Steven and Brenda Young for a new home at 29 Sunset Beach Road in the Pawson Park neighborhood. The proposal was the subject of lengthy public hearings over the course of two meetings. Click here to read about the December public hearing. Click here to read about the December public hearing.

The Youngs want to tear down a dilapidated cottage that was built in 1929 and replace it with a two-story home. Plans call for structural repairs to the seawall and concrete patio, and replacing an existing timber wall with a granite wall. The Youngs have revised their plans several times in accordance with DEEP suggestions and requirements.

The property is directly next to a ¼‑acre area of beach owned by families in the Sunset Manor Association. Many members of the association fear the construction and renovations will cause erosion to their beach.

The Zoning Board of Appeals (ZBA), which originally denied variances for the project, gave its approval in December 2011 for the revised project. One of the variances related to reducing the standard 25-foot setback requirement for beachfront properties.

Attorney Edward Zelinsky, who has a home in the neighborhood, represents the Sunset Manor Association. He has filed an appeal to overturn the ZBA’s decision.

Zelinsky, who was not at the meeting last night, was contacted later by the Eagle. He responded that the commission’s action was a disappointing vote in light of the town’s statutory obligation to manage coastal resources and protect the beach. Building 9 feet from the beach is unacceptable in a world of rising seas.”

One portion of the proposed home is within 9 feet of the shoreline, but the remainder of the home is further away.

Commission member Charles Andres said he took into account testimony from expert consultants on behalf of the Sunset Beach Association and also information from the state Department of Energy and Environmental Resources (DEEP). Andres said the bottom line is that the proposed plans, according to DEEP’s John Gaucher, do not adversely impact the coastline. We’re not dealing with a vacant lot,” Andres said, noting that the house, patio and seawall already exist. He said that since the new house would be elevated, there would be less of an impact than with the current cottage.

I agree with you totally,” McGuigan said. When you consider what’s there now, this is a vast improvement on that.”

Other commission members agreed. Also voting in favor were Stephen DuHamel, Phil Fischer and Joseph Vaiuso. The plans were approved with several conditions, many of which were suggested by the DEEP.

The Planning and Zoning commission will host a public meeting Feb. 21 with the DEEP to discuss the state’s new coastal legislation and related issues. The meeting, which is open to officials from adjacent towns, will be held at the fire headquarters on North Main Street.

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